The Decline and Fall of the Roman Empire · ¶330

The trial by battle was established in all criminal cases which affected the life, or limb, or honor, of any person; and in all civil transactions, of or above the value of one mark of silver. It appears that in criminal cases the combat was the privilege of the accuser, who, except in a charge of treason, avenged his personal injury, or the death of those persons whom he had a right to represent; but wherever, from the nature of the charge, testimony could be obtained, it was necessary for him to produce witnesses of the fact. In civil cases, the combat was not allowed as the means of establishing the claim of the demandant; but he was obliged to produce witnesses who had, or assumed to have, knowledge of the fact. The combat was then the privilege of the defendant; because he charged the witness with an attempt by perjury to take away his right. He came therefore to be in the same…

Edward Gibbon · Project Gutenberg #735 (Milman edition) — public domain
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